(A) Split and division of land; approval. It is unlawful for any person to sell a parcel of land located within the town which has been split or divided from another parcel of land consisting of two and one-half acres or less until first having applied for and been granted the approval of the split or division by the Town Council. The Town Council shall determine before granting such approval that:
(1) The split or division will not interfere with the orderly growth and harmonious development of the town as defined in the subdivision code and the Comprehensive Plan, including but not limited to provision for the public dedication of rights-of-way for streets and alleys.
(2) There is provision for connection to the necessary utilities.
(3) The new and residually created parcel or parcels meet the minimum frontage and area requirements of the zoning code.
(B) Application for approval. Any application hereunder shall be filed with the town for consideration by the Town Council after staff review. The application shall depict the original parcel, the proposed division thereof, the nearest dedicated streets in all directions, the abutting alley, if any, and the distance from the nearest sewage trunk line. Approval or disapproval of the split or division of the property shall be conveyed to the owner, in writing, within ten days after the meeting of the Town Council. In the case of disapproval, the owner shall be notified of the reason for such and what requirements shall be necessary to meet the approval of the Town Council.
(C) Issuance of building permit. The Building Inspector shall not issue any building permit for any split or divided parcel as described herein until the owner of said parcel has shown that divisions (A) and (B) have been previously complied with and approval of the split or division has been granted by the Town Council. In the event said sections have not been complied with prior to the split or division, the new owner shall comply with them (as if he or she were the one who divided or split the original parcel which has resulted in the creation of his or her parcel) before issuance of any building permit by the Building Inspector.
(`87 Code, Art. 14-2) (Ord. 88-3, passed 5-2-88; Am. Ord. 88-10, passed 6-6-88) Penalty, see § 10.99
Statutory reference:
Land splits, local authority over, see A.R.S. § 9-463.01(L)